There are three rights of entry to workplaces contained in Pt 7 of the Model Work Health and Safety Act (Model Act), which may be exercised by WHS entry permit holders.

Two of these are found in Div 2 of Pt 7:

• to inquire into a suspected contravention of the Model Act, where there is a reasonable suspicion that a contravention of the Act has occurred or is occurring (see Entry to inquire into a suspected contravention);

• to inspect employee records or documents not held by the person conducting the business or undertaking, where the entry permit holder has reasonable suspicion that a contravention of the Model Act has occurred or is occurring (see Entry to inspect employee records or information held by another person);

and one right of entry found in Div 3 of Pt 7:

• to consult with and advise workers in relation to work health and safety matters (see Entry to consult and advise workers).

These rights of entry, which are limited in scope and purpose, seek to balance any disruption to the business or undertaking with measures which help ensure work health and safety and otherwise promote the objects of the Model Act.

Where a WHS entry permit holder seeks to exercise a right of entry to a workplace, either to inspect records or documents or to consult with and advise workers, the permit holder will need to give prior notice of the proposed entry. A WHS entry permit holder who enters to investigate a suspected breach need not give prior notice, but usually needs to give notice as soon as practicable after entering. Where notice is required in any case, the Model Work Health and Safety Act (Model Act) and Model Work Health and Safety Regulations (Model Regulations) set out general requirements in relation to such notice.

Further, specific requirements regarding notice of entry also apply to each right of entry, where notice is required to be given. These additional requirements are detailed in the Guidance Notes dealing with the specific rights of entry (above).

Mandatory requirements for WHS entry permit holders are set out in Div 4 of Pt 7 of the Model Act, in relation to:

• when right of entry can be exercised;

• where right of entry can be exercised;

• availability of a WHS permit for inspection;

• entry permits under other laws;

• compliance with permit conditions;

• compliance with reasonable requests; and

• non-disclosure of names of workers without consent.

See General requirements when exercising right of entry.